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by dzhokhar tsarnaev and his brother at the boston marathon were weapons of mass destruction that caused death. today the city and the nation also took an important step in the healing process. from the streets of boston, to the capitol in washington, people observed a moment of silence at 2:50 p.m. eastern, exactly one week after two bombs killed three and injured more than 180 others near the finish line of the boston marathon. [ bagpipes ] >> reporter: later, the fbi handed control of boylston street back to the city of boston. from his hospital bed, the 19- year-old suspect, dzhokhar tsarnaev, made his first appearance in front of a magistrate judge. tsarnaev is now charged with conspiring to use a weapon of mass destruction. in addition to the surveillance video the fbi shared with the public, a special agent testified the younger brother, dzhokhar, can be seen apparently slipping his knapsack onto the ground shortly before the explosion. but the white house announced tsarnaev won't be tried in a military tribunal as an enemy combatant. >> we will prosecute this suspect under u.s. law. u
. >> as you mentioned, justice department officials told cnn dzhokhar tsarnaev is facing federal terrorism charges and state murder charges. preliminary hearing could happen in the next 30 days. a lot hinges on when the suspect is well enough to speak. investigators are eager for him to talk so they can find out who planned the attack. tsarnaev will likely be appointed a federal public defender. for now, the justice department is invoking something known as a public safety exception. this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live
virning suspect will be answering questions. zoz has a neck wound -- dzhokhar tsarnaev has a neck round that's keying him from speaking. we're hearing he's answering questions while writing, still under heavy guard at the hospital. no official charges have been filed yet but that will change today or the coming days. boston police believe both brothers had plans to kill others. >> both suspects were armed with guns at the scene of the shooting. >> there's also a question this morning on how the suspect should be questioned in the first place. some lawmakers say he should be contracted an em -- considered enemy combatant. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusett
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